>> live, from the cbs bay area studios, this is kpix5 news. >> caught on camera. a bay area woman throws a dog to the ground at her bet boarding business. tonight, her lawyer tells us this is all a misunderstanding. >> kpix5's andria borba is in the news room tonight with details ton investigation underway. >> reporter: the video was shot by a neighbor and posted on youtube. tonight the woman's business seems to be finished. the video is hard to watch. >> after i stopped crying, it was horrible. nobody should treat a dog like that. >> reporter: but the attorney for the woman seen in the video

says his client was simply training the dog. >> this lady loves these dogs and takes the rescue dogs and she is also a dog trainer. and so, she tries when she starts training the dogs to do it with treats and little benefits and things like that. but sometimes you have to use a different disciplinary approach. >> reporter: dog trainer beverly says that assessment is plain wrong. >> there is no behavioral technique that would help a dog like that. >> reporter: all dogs have been taken out of the woman's care including three of her own. the peninsula humane society says she has been on their radar for a while and this is not the first video evidence they have seen. >> we have had complaints in the last ten years of her inappropriate discipline. we have videos of her smacking a larger dog on the bottom. yanking it by the collars but we didn't feel those rose to the level of this type of cruelty. >> reporter: her attorney maintains that is not the case.

>> she loves these dogs and she would never intentionally hurt any dog. >> reporter: beverly says the real question is how much permanent damage was inflicted. >> the dog ends up going from fear to aggression. they have no other recourse. they don't know what to do when they are treated that way. >> reporter: we tried to get in contact with the woman several times today, but she never answered the door. andria borba, kpix5. a crash on the east bay. this is how a pickup truck landed after an amtrak train crashed into it sending it flying. the violent crash brought trains to a halt. it happened in contra costa county near the orwood resort. cate caugurian was there. >> reporter: the two people injured were not even in the same car. let me walk you through what happened. a man may have been trying to unload a jet ski from his pickup when a train hit him. he flew into the water where a

woman was on a boat. there were 145 people on board the train from bakersfield bound for oakland. am track says no one on the train was hurt. the man and the woman were air lifted to the hospital in walnut creek. this crossing you see behind me is actually a private crossing. that is why you don't see any crossing arms or train notifications. cate caugurian, kpix5. >> when the crews pulled the truck out of the water, there was still debris from the woman's boat wrapped around the wheel. intense flames near livermore today. that is what firefighters battling the so-called tesla fire are facing. this fire broke out yesterday afternoon. firefighters have made some ground on it. it is now 45% contained. 2500 acres have gone up. earlier, we saw from chopper 5, there were air tankers making water drops. fire is burning near tesla road. it is in a rural area between the town of tracy and

livermore. flames have destroyed one structure. cal fire says the weather worked in their favor today. temperatures stayed in the 80s and paul, what are they facing tonight >> winds have died down to about 15 miles an hour. it will be on the cool side of average east of tracy tomorrow. highs will once again be below average in the low 80s but once again, the on shore flow will kick up the west to east wind tomorrow afternoon. 15, 20, 25 miles an hour. so we are talking about temperatures being a help but the wind being a hindrance when it comes to this kind of fire in alameda county. we will talk about a chance of rainfall here coming up in a few minutes. >> thanks paul. a petition demanding all san francisco police officers wear body cameras already has 35,000 signatures. it is in response to this viral cell phone video. you can see several officers on top of a man with a prosthetic leg. the sfpd says the man posed a danger to himself and the

public waving sticks an stepping into oncoming traffic. tonight, one oakland homeowner says he has had it with what is happening on his street. he posted an open letter on facebook for everyone to see. christin ayers on who he is trying to shame out of the neighborhood. >> reporter: there is a small war on this block in oakland. at the center, this home. monique brown says her family has lived here for 20 years since she was one year old. >> kids are running up and down the block playing. we had no problems with anybody. >> reporter: that changed when a new wave of neighbors moved in over the last five years. two of them, barbara jones and paul standel call monique's home a nuisance. >> people hanging out, large groups of people. they are smoking and drinking, and there's garbage and loud music. >> reporter: and paul says it gets worse. >> i have witnessed quite a few drug deals. i know what crack looks like. i know what pot looks like. >> reporter: monique says that

is laughable. they are young people in their 20s . sure, they have parties but there is no drug-dealing. >> we hang out. that's all we do over here. we chill. >> reporter: neighbors say they reached their breaking point august 8 when there was a shoot- out on this block and that is when they took matters into their own hands. >> we decided to write a letter to all the neighbors to essentially shame the people living in the house. >> reporter: the letter says in part, you need to go somewhere else to sell your drugs. this letter is being sent to every household on the block and each person is urged to call the police when ever they witness drug activity. but monique said the shooting had nothing to do with their house. >> everybody is looking at us funny. they are turning everybody against us. as long as we have been living here, we have never had that problem. >> reporter: monique thinks this is a culture clash,

gentryification. what is happening all around oakland. >> it is all about drugs. >> reporter: tonight, monique says the parties will stop but her neighbors say they will believe it when they see it. in oakland, christin ayers, kpix5. a final tribute today for a bay area sheriff's deputy who drowned while trying to save a friend. the funeral procession for contra costa county deputy carlos fransis began. he went after a struggling person in the water of lake tahoe and drowned. >> carlos was an honorable man. working in an honorable profession working as a deputy sheriff and he died honorably doing what he swore an oath to do. to care for the safety of others. >> he had worked for the sheriff's office for four years. he was working at the martinez detention facility when he

passed away. former president jimmy carter started his cancer treatment today. he is receiving therapy for melanoma. they thought it was in his liver, but now the 90-year-old says it has spread to four spots on his brain. >> i have had a gratifying existence. i was surprisingly at ease. much more so than my wife was. >> president carter says he will hope for the best and accept what comes. the republican race for the white house is heating up tonight and donald trump and jeb bush are taking aim at each other. >> you win when you campaign like this. not like this. >> jeb bush fired back at donald trump in new hampshire today. >> you win when you connect with people about their aspirations. not about how great you are. how rich you are. how this or that you are. that is not leadership. >> those remarks follow a series of verbal jabs from the real estate mogul and gop front

runner. >> i don't see how he is electable. bush is a low energy person. >> one person did doze off during his town hall. they are concerned about his lack of energy. >> he has no energy. >> out of all the republican candidates, he is the one that i feel safest with. he would be the one with the most experience. >> new poll numbers show bush is struggling even in his home state of florida where he served two terms as governor. he also trails trump in iowa, pennsylvania, and new hampshire. the billionaire businessman is also drawing crowds several times bigger than bush is. >> thank you very much. >> his campaign moved friday's event in alabama to a stadium after 35,000 fans rsvped. donald trump is on the front of this week's time magazine. but it is not the cover that has everyone talking. it is this photo of him in his

office with a bald eagle. a real live bald eagle named uncle sam. the photographer tells the magazine he thought trump would be open to it considering he is a man who loves attention. the two south bay homeowners overtaxed for years. we are talking millions of dollars. and tonight, we learned the problem is far bigger than anyone thought. >> a plane headed to vegas takes a direct hit. >> we are at the warriors dancing tryouts and some of these girls traveled from as far away as asia and the east

>> video looks worse than it really was. a delta jet waiting to take off in atlanta tuesday when it gets a direct hit by lightning. quite a jolt. but, it looks a lot worse than it really is. everybody on board the plane was okay and they made it safely to vegas. tonight, we have learned more

than 200 low income families have been overtaxed for years. officials say they overpaid a total of more than $2 million as a group. kpix5's christian hartnett is at the santa clara county assessor's office in san jose to explain. christian? >> reporter: that's right ken. the tax assessor's office says it is determined to refund everyone involved. however, it is not going to come cheap. last week, they estimated the total amount of refunds to be in the six figures. now we are talking millions of dollars. for families in the los oroyos community, it seems like a bad dream. for 13 years, this low income housing community has never paid the correct amount in property taxes. >> we were like, wow. this is incredible. 13 years. and we have been paying taxes higher and higher. it was a shock. >> reporter: the santa clara county tax assessor's office discovered the mistake after repeated calls from a neighbor

who felt she was overpaying. turns out the office had overvalued the homes since the day they were built because the developer and the city of gilroy never notified them they were low income housing. a deeper search found 215 low income homes total in gilroy that were in the same boat. now they will all receive refunds from the county. >> it is complicated but we are well aware of what it is. >> reporter: larry stone estimates the county will have to fork over more than $2 million in refunds. likely coming from the county general funds. >> we have a $4 billion budget. so, $2 million is not insignificant. but, it will not cause any reduction in services that the county provides to the public. >> reporter: a small piece of the pie for the county, but a significant chunk of change for the families who have been overpays for years. >> it will bring down our

budget. bring down our taxes. we can do things more with our families. >> reporter: it is a couple of months for the refund to be counted up and given to everyone. the board of supervisors says they will be trying to speed up this process. they will be meeting here next week to discuss passing a resolution that will make it easier for the tax assessor's office to get all the refunds to all 215 families. christian hartnett, kpix5. a brutal day on wall street. the worst in 18 months. the dow jones fell 358 points today over fears of a global meltdown. look at twitter. for the first timeshares fell below their ipo prices, $26. when a bay area high school football team takes the field this fall, they will be wearing some extra gear. mike sugerman shows us the high- tech sensors designed to keep the players safe. >> reporter: the ball is in the air and so is football. these days so are concerns

about concussions. >> everybody who coaches the sport of football is worried about concussions. >> reporter: at san rafael high they are trying to do something about it. >> this is the wi-fi point that accepts the data from sensors from all the teams. >> reporter: they go into the helmets. they emit radiation as much as a cell phone and measure how hard players are getting hit in the head. >> they alert the trainer's cell phone if there is a bad hit. >> reporter: they cost $150 each and they are raising donations to buy more. it is the impact tester and the bulldogs are the first in the bay area to use them. >> the trainer has a computer in a room. if there is a hit out here that goes above a certain level, we stop the kid and pull them out and she checks them out. >> it is pretty easy. a lot of kids i hear don't know

they have concussions and they get hurt later in life. you check and see if you got hit hard. >> reporter: mike sugerman, kpix5. well, some cut throat competition in livermore tonight. kpix5's betty yu was there as dancers from around the world tried to land a spot on the warriors' dance team. >> reporter: they danced their hearts out. and busted all the right moves from jazz to hip hop for a spot on the golden state warriors' dance team. 40 girls traveled from as far away as texas, arizona, the east coast, and japan including 19-year-old yuka. >> my dream is to be a dancer. >> why the warriors? >> when i watch on tv, i see the warriors dancers are very powerful. >> reporter: kayla knows what it is like. the oakland native and college student was part of this year's

championship team. >> can you share some of your strategies for out-dancing these girls? >> just practice, practice, and give it your all. >> reporter: the warriors say more women tried out for a spot on the team. most are between 18 and 24. try-outs started with more than 200 hopefuls. >> people don't realize we are looking for the full package. it is not just an amazing dancer and performer. we are looking for someone who can be an ambassador for our organization. >> reporter: only half of these girls make the cut. they find out tomorrow online. training camp starts immediately this weekend. in livermore, betty yu, kpix5. >> the warriors didn't want to tell us how much the dancers are paid. just that they are well compensated. tonight, we are hearing from a california fisherman who came face to face with jaws and lived. >> a shark sunk its teeth into his kayak near santa barbara. >> it didn't just stop after that initial slam. the kayak then started moving

back and forth at which point, i have seen a lot of white water and splashing. >> that is when connor lyons's friends paddled to him and pulled him to safety. >> this is the most legit experience of my life. it was just so awesome. i couldn't believe that i had just come face to face with the apex predator. now i'm sitting on a boat 100% safe. >> connor has plans to get in the water, go fishing again. maybe kayaking. surfing. >> yeah. that just brings about that line in the movie. we need a bigger kayak. [ laughter ] >> yeah. maybe smaller sharks. something big happened in the month of july around the world. july, 2015 was the warmest july in earth's history. at least in modern history.

1.46 degrees above average. we just lived through hottest july on record. tonight, we are looking at temperatures in the low 60s for most of you. oakland 62. livermore, 64. santa rosa, you dropped to 59 degrees. low cloud cover and fog developing anywhere near the bay. concord, 59. san jose, 60. and napa, 55 degrees. an update here on el niño. new information came out today and there is now a near if not 100% chance of an el niño lasting through this winter. historically speaking, strong or very strong el niños have brought wetter than average conditions to california which is exactly what we need. we will not get it with this pattern. the bottom of the atmosphere, the marine layer, that will be shoved inland. that is locked. an area of low pressure to the north is locked. we lost the key five to seven days. what we will have is the on shore flow. the chilly breeze near the

water and inland with the sunshine, you will be running five degrees cooler than average. a potential big change, computer models locking onto a big dip in the jet stream. something we see much deeper into fall may happen in late august early september. if this happens, that would open the door for a cold front to come down which may bring us late august early september rainfall. that would be wonderful. low clouds and fog. breezy, sunny, mild afternoons. temperatures in the low 80s inland. san jose, 80. only 79 in sunnyvale. union city, 74. danville, pittsburgh, low 80s . it will be a cloudy start in san rafael. cloverdale, 83 degrees. we are just going to hold this pattern all the way through 80s inland. 70s near the bay. we will really hope with fingers crossed that we get some rain about ten days from now. >> looks great. >> that will be good. >> thanks paul. people camping out tonight for a pair of sneakers? they don't even go on sale

until saturday? tonight we asked them what is so special about these shoes? [ laughter ] >> and coming up tonight on the late, late ,,,,,,,,

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>> kanye west has a new fashion sneaker that doesn't go on sale until saturday. >> that is not stopping these people from lining up for them right now. dozens of fans right now camping out at this market street store in san francisco hoping to buy a pair of the easy boost 350. >> he is bringing a new style to everything, you know. pop culture. even to african-american pop culture. he is making a huge influence. >> the shoes are a limited edition. they look similar to these, only in black. the price tag? $200. you have to start camping out now. you have been waiting in line right? somebody is holding your place? >> i don't get it. but that is why athletes are

being offered $250 million contracts to endorse shoes. >> wow. >> because somebody is paying $200 for these things. >> and camping out now. they don't go on sale until this weekend. >> a former 49er says the nfl is too destructive and the is too destructive and the giants made the trade to life's the food that brings us together. and kitchens where every meal is the most important of the day.

life's the food that brings us together. and kitchens where every meal is the most important of the day. >> the pittsburgh pirates are 16-3 against the national league west this season. not good news nor the giants who are fighting for their

playoff lives. yes, they have resorted to praying to score runs these days. but the real god tonight, charlie morton. struck out eight. shut out baseball. bottom of the 6th inning, 2-0 pittsburgh. neil walker takes jake peavy deep. 4-0, that was the final. the giants fall two-and-a-half games back of the dodgers. now, with angel pagan and hunter pence out, the giants acquired outfield help trading for marlon byrd of the reds for a minor league pitcher. he is expected to join the giants tomorrow. tiger woods needing at least a second place finish at the wyndhan championships to make the fedex cuff. now last week, tiger said his putting was the reason he missed the cut at the pga championship. he thought he missed that one, but it dropped. tiger shot a six under 64. he is just two shots off the

lead. former 49er linebacker chris moreland who retired in march after just one season because of concussion fears was interviewed by espn's outside the line and said five months after retirement. he has no regrets walking away from a game he calls too violent. >> it is destructive. we don't have to do it. i don't right now. it just strikes you as too violent really. >> too violent for what? >> just in general. i just think, to me, that is like boxing or mma. this is just my opinion. i just think it is too destructive. >> now remember that patrick willis had decided to retire. moreland was due to make millions. and it is interesting that he does not have any regrets. >> gaining the money back. that's right. >> we will be right back. leave early go roam

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